NCJ Number
218734
Journal
Georgetown Journal on Poverty Law & Policy Volume: 13 Issue: 2 Dated: Summer 2006 Pages: 313-339
Date Published
2006
Length
27 pages
Annotation
This article discusses the consequences of two increasing trends: mass incarceration and aggressive enforcement of child support orders against incarcerated parents.
Abstract
The main argument is that the aggressive enforcement of child support orders against incarcerated parents is a de facto civil sanction that creates yet another collateral consequence of incarceration that joins other barriers to successful reentry. The author points out how the system rarely makes distinctions between deadbeat parents and “deadbroke” parents who are unable to pay due to extreme poverty or incarceration. Additionally, this aggressive enforcement creates a disincentive for ex-offenders to participate in the formal economy and holds a host of unintended consequences for children and families. Opportunities for reform advocacy are identified and include suspended child support obligations for incarcerated parents, expedited administrative processes that assist prisoners with no assets in modifying support orders, the provision of partial or graduated waivers of support debt owed to the State, and a limitation to the practice of “imputing” income to unemployed parents. The author makes this argument by first examining the broader problem in increased incarceration rates, collateral sanctions, and reentry, particularly as they affect low-income communities. The history of child support and its enforcement mechanisms are similarly examined with a focus on the development of public policy following welfare reform efforts in the mid-1980s. Footnotes